LAWS(MAD)-2015-2-63

THE DIVISIONAL MANAGER Vs. G. PANNEER AND ORS.

Decided On February 11, 2015
The Divisional Manager Appellant
V/S
G. Panneer And Ors. Respondents

JUDGEMENT

(1.) BY consent of both parties, the appeal itself is taken up for disposal, when the application to withdraw 50% of the award amount filed by the injured workman was listed up for hearing.

(2.) HEARD both sides.

(3.) LEARNED counsel for the appellant has heavily relied on the counter statement filed by the 2nd respondent/employer, denying the very employment of the 1st respondent. Since the 2nd respondent denied the employment, it was incumbent on the part of the 1st respondent, to prove the employment and he failed to discharge the said burden and hence, the Commissioner for Workman Compensation has committed an error in passing the impugned award, directing the appellant Insurance Company to pay compensation of Rs.1,32,046/ - for the injuries sustained by the 1st respondent/workman in his eyes, during the repair work of the bus owned by the 2nd respondent was carried out at the workshop.